Scottish Court of Session Decisions
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - - v - - [1736] 5 Brn 161 (15 January 1736) URL: http://www.bailii.org/scot/cases/ScotCS/1736/Brn050161-0155.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ALEXANDER HOME, CLERK OF SESSION.
Date: - -
v.
- -
15 January 1736 Click here to view a pdf copy of this documet : PDF Copy
Of this date, I find it marked in the day-book of interlocutors, that Lord Kilkerran reported the following objection to a bill, to wit, that it was addressed to two persons, the one as principal, the other as cautioner. The cautioner was charged, and made the objection.
The Lords found a cautionary obligation could not be constituted by a writing in form of a bill; and therefore found the bill null as to the cautioner.
N.B. Both had accepted simply.
No. 7. page 20.
The electronic version of the text was provided by the Scottish Council of Law Reporting